New Jersey LGBTQ Discrimination Lawyers

New Jersey LGBTQ Discrimination Lawyers

New Jersey state law goes even further than federal law in providing protections to members of the LGBTQ community. There are strict prohibitions on discrimination in the workplace. If you have been subjected to discrimination based on your status, you may be able to file a lawsuit against your employer that could lead to financial compensation.

First, you should contact an experienced attorney to discuss your case. Employment discrimination cases are not necessarily easy, but they are your only route to justice when you have been wronged. Our New Jersey LGBTQ discrimination lawyers at Carcich O’Shea are here to help.

What Laws Protect LGBTQ Workers?

New Jersey has strict laws that prohibit LGBTQ discrimination. The state has a law against discrimination that prohibits certain acts concerning employment. The law was first amended in 1991 to include “affectional or sexual orientation.” Then, in 2006, the New Jersey Legislature further changed the law to include “gender identity and expression.” Not only does the law prohibit discrimination based on actual sexual orientation, but it also forbids conduct based on perceived sexual orientation.

Federal law is similar to New Jersey state law. The Civil Rights Act of 1964 prohibits discrimination based on sex. Included in this is discrimination based on sexual orientation. You may also file a lawsuit based on violations of federal law. Your attorney will advise you whether it is in your best interest to file a case with the state of New Jersey or the federal government.

What Is Prohibited Conduct on the Job?

The law prohibits adverse employment actions based on sexual orientation and gender identity. Adverse employment actions can include:

• Termination from a job.
• Failure to hire a prospective employee for a position.
• Denial of a certain job-related benefit.
• Failure to promote an employee.
• A negative performance evaluation.

In addition, harassment on the job is also illegal under New Jersey law. Harassment can include:

• Verbal harassment, such as obscene language or demeaning comments.
• Physical harassment, such as unwanted touching.
• Visual harassment, such as displaying pornographic images, cartoons, or drawings.

Harassment can include conduct directed specifically at an employee or remarks made in their presence. If it is egregious enough, one specific episode can be enough to be considered harassment.

• There are generally two types of sexual harassment in New Jersey:
• Quid pro quo harassment is when a sexual act is demanded in exchange for an employment benefit or action
• Hostile environment is when the employee is subjected to certain conduct, either directed at them or in their presence

How Do I File an LGBTQ Employment Discrimination Claim?

You have the responsibility to take action if you have been the victim of discrimination at work. You would need to file a complaint within 180 days of the illegal action, seeking compensation for the conduct to which you have been subjected.

You cannot go directly to court to file a lawsuit. First, you would need to file a claim with either the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights. The government agency will investigate your claim and determine whether it wishes to file a lawsuit on your behalf. It is not the end of your legal process if they choose not to. You would then be able to file a lawsuit directly against your employer in state or federal court.

What Should I Do if I Am Discriminated Against in the Workplace?

What you do after you have been a victim of discrimination matters. Your actions can make the difference between receiving compensation and not getting Justice for what happened to you. To put yourself in the strongest legal position, you should take the following steps:

• Raise the issue with the HR department or your supervisor.
• Preferably, also submit your complaint and writing so there is a record that you have raised the issue.
• Preserve any documentation related to your claim, such as emails and employment records.
• Contact an experienced employment discrimination attorney to discuss how to deal with the conduct and your next steps.
• Be alert to any illegal retaliation against you for filing a complaint.

You would need to have raised the issue with your employer first before you could file a complaint or lawsuit. Although it may be uncomfortable, it is something that you have to speak up about to both put a stop to the conduct and preserve your right to compensation.

How Do I Prove LGBTQ Employment Discrimination?

If you have been subjected to an adverse employment action, remember that your employer will never give the true reason. They know the law and understand they could face significant liability for discrimination if their case can be proven.

Rarely will you have direct evidence of discrimination. Instead, you would likely rely on circumstantial evidence, such as a negative performance review, after receiving positive feedback. They may give another reason for denying you a promotion, such as a lack of qualifications for the job, even though you have the same experience as someone else. An experienced attorney can help gather evidence that can puncture your employer’s story and put you in a position to receive financial compensation.

What Are Possible Damages in a Discrimination Lawsuit?

If you win your discrimination lawsuit, you can be entitled to substantial financial compensation for the wrong that was done to you. Compensation for discrimination includes:

• Your actual financial losses, such as lost wages, if you were fired or denied a raise.
• The emotional distress that you experienced based on the conduct.
• Potential punitive damages that would depend on the egregiousness of your employer’s actions.
• An injunction that would order reinstatement to your job.

Injunctions are relatively rare, so justice would likely come in financial compensation. Your lawyer would estimate the value of your damages so you know how much money to seek.

Contact Our New Jersey LGBTQ Discrimination Lawyers at Carcich O’Shea to Learn More About Your Options